Streamlined Procedures Act of 2005

Summary

Streamlined Procedures Act of 2005 - Amends the federal judicial code to revise the law and procedures for habeas corpus petitions. Denies or restricts the jurisdiction of federal courts to hear habeas corpus petitions that: (1) have been procedurally barred in a state court; (2) are based upon errors in sentences or sentencing ruled as harmless error by a state court; (3) pertain to capital cases; or (4) challenge the exercise of a states's executive clemency or pardon power. Revises deadlines for filing appeals to federal courts of state habeas corpus decisions. Revises procedures for mixed habeas corpus petitions (petitions bringing claims exhausted and unexhausted in state court) to require petitioners to describe how they have exhausted each claim in state court. Requires unexhausted claims to be dismissed with prejudice. Limits the ability of habeas corpus petitioners to amend petitions or modify or add additional claims. Requires any period in which a petitioner does not have a habeas corpus petition pending in a state court to be charged against the one year limitation period for filing a federal habeas corpus petition from a state court decision. Requires requests for financial support for petitioners in a habeas corpus proceeding to be decided by a judge other than the judge presiding over such proceeding. Requires any amount of financial support authorized by a judge to be publicly disclosed. Extends crime victims' rights to federal habeas corpus proceedings arising out of a state conviction.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 19 May 2005

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 19 May 2005

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• Introduced in Senate

  summary · EN · 19 May 2005

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